Grade F — Predatory terms (score 41/100)
Stacks forced arbitration with a perpetual irrevocable content license, $100 liability cap, and a 1-year claim window. Silent on data security and breach notice.
Forced arbitration, perpetual content license, $100 liability cap, and 1-year claim window.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE TERMS OF USE OR USING THE SERVICE, YOU AND PENDO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
Even in arbitration, you waive any right to a jury trial — combining this with the arbitration clause removes nearly every avenue of ordinary court relief.
ANY ARBITRATION UNDER THE TERMS OF USE WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
You give up the right to sue in court, join other users in a class action, or have a jury decide your case — disputes go to a private arbitrator instead.
grant and agree to grant to Pendo, its affiliates and their successors and assigns a perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content.
Anything you submit (including feedback) becomes Pendo's to use forever, in any form, including derivative works, with no obligation to you.
Pendo reserves the right, at its sole discretion, to modify or replace any of the Terms of Use (including any Policy) at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Pendo can change these terms at any time without notice; by continuing to use the site, you automatically accept whatever they post.
Pendo may remove any Content or disable the Service (or terminate your access to all or any part of the Service) at any time, with or without cause, with or without notice, effective immediately.
Your account or access can be shut off immediately, with no stated reason and no appeal process.
(D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF US$100, EVEN IF PENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Even if Pendo causes major losses, total liability is capped at US$100.
You agree to defend, indemnify and hold harmless Pendo... from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of the Service.
You must cover Pendo's legal fees and any damages if your use of the service triggers a third-party claim.
You and Pendo agree that any claim or cause of action arising out of or related to the Service must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
Any legal claim against Pendo must be filed within one year, or it is extinguished forever — far shorter than the usual statute of limitations.
The Terms of Use shall be governed by and construed in accordance with the laws of Delaware, USA... The arbitration shall take place in Dover, Delaware, USA.
Every dispute is decided under Delaware law and physically heard in Dover, Delaware — forcing users worldwide to litigate far from home.
You expressly consent to the transmission, collection, storage, processing and use of your data from, to and within the United States, in addition to the country where you are located (if not the United States).
By using the service, non-US users consent to having their data transferred to and processed in the United States.
Last reviewed 2026-07-28 under rubric v3.5.